The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-10-28
WET COTTON CARGOES.
THE NOVEL PROCEEDINGS IN THE
NAVAL COURT CLOSED.

The Crew Approached to Withdraw
the Case-The Captain Explains Why
The Evidence Concluded and the
Arguments Heard-The Decision Re-
served.
The Office of the British Consul, Mr.. Rob
ertson, was crowded yesterday by those who
were interested in listening to the novel
proceedings in the Naval Court. The case
is without precedent Never before has
court of any kind had such an one before it,
and for that reason there are many inter
estng as well as curious features to it. The
court is somewhat at a loss to know exactly
its position, the lawyers are not at all sure
of their ground, not only because they have
never had a case of the kind before, but also
because they are practicing British CONNER
cial law. The captain and crew are
more at sea than any of them.
At 9 o'clock the case was resumed and the
taking of testimony was begun again. The
first witness was Mr.. Cohen, who has charge
of the upper warehouse of the Savannah
Cotton Press Association. He testified as to
the condition of the cotton, his statement
being in accordance with the testimony
given by others on the same subject.
Mr.. t. B. Marshall gave his experience
with the Tranquebar, which sailed in 1871
with a cargo of wet cotton, and he said that,
although he saw two of the crew after the
voyage, he heard of no sickness on board
the vessel during the trip.
PRECEDENTs FOUND.
Mr.. Thomas Congdon, who came here as
Lloyds' agent, to look after the repairs on
| the Resolute and Naples, was put upon the
stand. He said that his office was in New
York, and that he had forwarded wet cot
ton from that port On one occasion part
of cargo was damaged by fire, and he was
asked for permit to carry it for ward. He
consulted Guions agent who told him that
that line constantly carried wet cotton
under decks. He gave the permit asked for
| and never heard of any sickness resulting
| from the transportation of that cargo. The
| Guion line carries wet cotton on passenger
ships Mr.. p. NJ. Dougan said he had ex-
amined the cotton and found 1t wet. He
had shippsd wet cotton himself, but it was
generally understood that wet cotton would
not be taken under decks.
Mr.. K. N. Putnam representing Chubbs,
insurers of hulls and the Freight and In
| demnity Association, was called and he
said he had seen two Cargoes of wet cotton
| shipped and had heard of no sickness that
they had caused.
ASKED TO WITHDRAW.
The court then took recess until 4 o'clock,
and when it re-convened Mr.. MacDonell
arose and stated that an incident bad &C.
Cured during the recess which he thought
he ought to bring to the attention of the
court. The officers of the vessel had been
approached and asked to withdraw the case
The consul asked if that was another
rumor, or if the complainants could bring
| direct evidence
Mr.. MacDonell-"We will bring the off
| go hot hax tlxr
approached"
David Henderson then took the stand and
said that as he was coming to the Consulate
the captain approached him and asked him
if he was willing to withdraw the case. The
rest of the officers were standing by and he
believe he had asked them the same ques-
| ton. | replied: Certainly not. | had
gone into it and l proposed to fight it
through
Mr. Adams: ''Did he offer you any pecu-
| MARY inducements
"He did not. He simply asked me if l
would be willing to withdraw it.
John Phillips said that as he was on his
way to the Consulate the captain asked him
| if he was willing to withdraw the case, and
he said he could not conscientiously do so.
He offered no pecuniary inducement. The
second mate was with him at the time.
THE REASON WHY.
| Capt. Reavely was asked if he had any
thing to say, and he replied. 81 simply wish
to confirm what the officers said. thought
| it was my duty to ask them because did
not know which way the case would be de-
cided, and if it went against them it would
be hard for them, as some of them were
married men,
The Consul: 'Was that your own idea"
"Mr. Putnam and talked it over"
ain whose mind did it originated
"Mr. Putnam suggested it and | thought
it was good suggestion Mr.. Putnam
then said that on the previous night he
heard that the officers thought the Cap
tain was in secret sympathy with them in
this case. He tried to see the Captain that
night, but could not find him. In the morn
ing he saw him and told him that it would
be bad thing for him to let the crew labor
under such an impression, and he had better
have an understanding with them
Mr.. Duckworth-W it be crime for
him to be in sympathy with the crew.
mo crime; but think it would be bad
| for him to be in sympathy with them, and
come before this court and oppose them"
THE CASE CONCLUDED.
| Both sides then announced their cases
closed, and p. ]. O'Connor. ESQ.,, opened
the arguments for the defendant arguing
upon the evidence, and he concluded by say
! ing that so sure was the defendant of the
| business of his cause that he would request
| the court TO inspect the vessel and cotton
before passing upon the case.
S. B. Adams, Esq, and Col. William
Garrard argued upon the powers of the
court and the questions of law, and the
consul then announced that it had been the
intention of the court from the first to in
spect the cargo and vessel, but they could
not do so that evening. They would give
notice when they were ready to announce
their decision.